Employment

  • June 27, 2022

    Judge Trims Ford Dealer's Workers' Comp Coverage Suit

    A California federal judge said a Ford dealership can pursue allegations that its insurer breached policy obligations when handling its claim for coverage of a workers' compensation suit that stems from a 2019 deadly workplace shooting, but dismissed other claims surrounding the underlying civil action.

  • June 27, 2022

    Tyson Workers Ask 5th Circ. To Revive COVID Safety Suit

    A group of Tyson Foods Inc. workers has asked the Fifth Circuit to revive and send back to state court their lawsuit accusing the company of negligently exposing them to COVID-19 at the beginning of the pandemic, echoing other Tyson workers' arguments that their claims don't belong in federal court.

  • June 27, 2022

    Investigators Not FLSA Exempt In OT Suit, 11th Circ. Says

    Investigators who examined damaged telecommunications infrastructure did not have sufficient control over their business operations to be considered overtime-exempt administrative employees, the Eleventh Circuit held Monday.

  • June 27, 2022

    Ex-Tesla Worker Gets New Damages Trial After Bias Win

    A Black former Tesla employee will get a new trial over damages he is owed in his suit alleging he suffered racist abuse at a Tesla factory after he refused to accept an award that had been lowered to $15 million from the $137 million that a jury had granted him last year, a California federal judge ruled Monday.

  • June 27, 2022

    Boston Schools Want Out Of Union's Remote Work Suit

    Boston Public Schools asked a Massachusetts federal judge Monday to scrap a teachers union's COVID-19 lawsuit, saying the union would have to prove each of its members suffered discrimination when they were required to return to work in person despite their health conditions and concerns about the coronavirus.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    High Court Turns Away Teamsters Fund's $58M Pension Suit

    The U.S. Supreme Court declined a Teamsters pension fund's request on Monday to review a ruling that let a wholesale grocer avoid paying $58 million the fund claimed it was owed after a warehouse operator stopped contributing.

  • June 27, 2022

    Calif. Ruling Steadies Fraught EB-5 Landscape For Now

    A California federal judge has ordered the federal government to allow previously licensed EB-5 regional centers to continue operating while one of the immigrant investment centers challenges an agency mandate to seek reauthorization after March legislation revamped the program.

  • June 27, 2022

    No-Poach Case Nears Plea In Would-Be 1st DOJ Win

    A health care staffing company and its former regional manager indicated Friday that they were nearing a Nevada federal court plea deal for allegedly scheming to suppress wages for Las Vegas school nurses, a resolution that would be the U.S. Department of Justice's first successful criminal prosecution of labor-side antitrust violations.

  • June 27, 2022

    5th Circ. Gives Fed Worker Vax Mandate Suit Another Shot

    The Fifth Circuit on Monday said it will rehear a challenge to President Joe Biden’s 2021 executive order requiring federal workers to receive a COVID-19 vaccine or face termination.

  • June 27, 2022

    NJ Atty Says County Fired Him For Crossing Sheriff

    The former county counsel of Sussex County, New Jersey, hit the county with a whistleblower lawsuit alleging he was fired in retaliation for opposing a request by the county sheriff to pay his personal legal bills with county dollars and objecting to an immigration-related ballot question.

  • June 27, 2022

    McGlinchey Adds Liability, Employment Atty In New Orleans

    McGlinchey Stafford PLLC announced last week that it hired an employment and litigation attorney as a member in its New Orleans office.

  • June 27, 2022

    Miffed By Briefing, Judge Leaves Most Of DA Bias Case Intact

    A California federal judge on Friday chided a group of prosecutor-plaintiffs and the defense in an employment discrimination case against the Contra Costa County District Attorney's Office, ordering more briefing and threatening to toss any insufficient arguments moving forward.

  • June 27, 2022

    Firms Look To Cover Out-Of-State Abortion Care After Dobbs

    A growing number of law firms are offering to cover the costs of out-of-state reproductive care for their employees in the wake of last week's U.S. Supreme Court ruling overturning Roe v. Wade.

  • June 27, 2022

    Tennessee Titans Settle Ex-Worker's COVID-19 Leave Suit

    The Tennessee Titans and a former field worker have reached a settlement to end his suit alleging the organization violated federal law when it fired him after he contracted COVID-19.

  • June 27, 2022

    Supreme Court Won't Hear Journalists' AB 5 Challenge

    The U.S. Supreme Court declined Monday to review whether a California worker classification law runs afoul of free speech protections, a case that might have led to a potential narrowing or blessing of the controversial Golden State law.

  • June 27, 2022

    Justices Vacate, Remand PAGA Rulings In Light Of Viking

    The U.S. Supreme Court vacated and remanded on Monday several petitions centering on whether federal arbitration requirements bar workers' claims under a California law enabling them to sue on behalf of the state, citing the justices' recent Viking River Cruises decision. 

  • June 27, 2022

    High Court Backs Praying Coach In Religious Rights Battle

    The U.S. Supreme Court ruled Monday that a public school district violated the First Amendment by suspending a football coach who insisted on praying at midfield right after games.

  • June 24, 2022

    Amazon Points To Worker Organizing To Deny Union-Busting

    An attorney for Amazon on Friday told a New York federal judge that the recent union election and intense organizing activity at the online retailer's Staten Island warehouse shows there's been no effort by it to stifle workers' collective bargaining efforts.

  • June 24, 2022

    What Employers Should Do Now That Roe Has Fallen

    The U.S. Supreme Court's decision to overturn Roe v. Wade presents major challenges for employers and health plans, experts say. Here are five things employers should do right now following the decision in Dobbs v. Jackson Women's Health Organization.

  • June 24, 2022

    Disney, Other Cos. Pledge To Cover Workers' Abortion Travel

    Dozens of prominent companies, including Disney, Meta Platforms Inc. and Deutsche Bank, responded to the U.S. Supreme Court's decision Friday overruling Roe v. Wade by saying they will cover employees' costs to travel to another state if needed to obtain a legal abortion.

  • June 24, 2022

    Employment Authority: Momentum In Retail Store Organizing

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look into a wave of union organizing at prominent retailers like Starbucks and Chipotle, why employment attorneys should reconsider Title IX as an avenue for sex bias claims, and a new Florida bill that could stymie local efforts to raise minimum wages above what's required by the state.

  • June 24, 2022

    Mortgage Lender Seeks Win In FHA Whistleblower Fraud Suit

    A mortgage lender asked a California federal court to award it a win in a whistleblower suit accusing the company of writing unqualified Federal Housing Administration loans to boost profits, arguing that the whistleblower hasn't shown any fraudulent activity.

  • June 24, 2022

    Dallas Jury Hits Spectrum With $337.5M Verdict In Murder Suit

    A Dallas jury has found that Spectrum owes $337.5 million to the family of an 83-year-old woman who was stabbed to death by a Spectrum internet installer and could increase Spectrum's liability when it returns to court to consider punitive damages.

  • June 24, 2022

    NJ Driver's Arbitration Pact Valid, Lyft Says In Wage Row

    Lyft Inc. told a New Jersey federal court that a driver seeking repayment for allegedly unreimbursed expenses was bound by an arbitration agreement, which the company said was ironclad and enforceable under both federal and state law.

Expert Analysis

  • Employer Travel Benefits Options For Abortion Care Post-Roe

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    Given the likelihood that Roe v. Wade will be overturned, and with the proliferation of state legislation restricting abortion access, employers may want to consider the legal implications of several options to expand travel reimbursement benefits for employees who seek abortion services, say Danita Merlau and Ben Conley at Seyfarth.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Complying With Electronic Monitoring Laws In NY And Beyond

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    New York's recently effective requirement to alert employees of computer surveillance practices is part of a wider trend of workplace privacy laws at the state and local level, and should prompt employers to closely track their local laws, and update their policies and employee acknowledgement forms, say Harris Mufson and Lizzy Brilliant at Gibson Dunn.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • 2 Approaches To NY Choice Of Law In Employment Contracts

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    Two differing New York federal court decisions on restrictive covenants should be taken into account by employers and employees arguing for or against the application of a choice-of-law provision in New York courts, say John Chun and Silvia Stockman at Herrick Feinstein.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • Opinion

    Courts Must Tackle Lack Of Diversity In Class Counsel

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    When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

  • What The Latest Calif. COVID Standards Mean For Employers

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    While many of the recent changes to the California Occupational Safety and Health Standards Board's COVID-19 emergency temporary standards are minor, they can significantly affect employers' day-to-day operations, including protocols for testing, masks and more, says Jared Speier at Stradling Yocca.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • State-Run Retirement Options May Expand Post-COVID

    Excerpt from Practical Guidance
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    Legal uncertainties and the COVID-19 pandemic have delayed implementation of mandatory state retirement programs, but recent U.S. Supreme Court actions may prompt more states to implement state-run savings programs that ultimately would need congressional backing to really take off, says Carol Buckmann at Cohen & Buckmann.

  • Improving Defense Case Stories In An Age Of Misinformation

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    If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.

  • Opinion

    Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

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